These Terms of Service ("Terms") govern your access to and use of all content, products, and services available through the website and platforms operated by Brilliant Technology LLC ("us," "we," or "our").
Your access to our services is subject to your acceptance, without modification, of all terms and conditions contained herein and all other operating rules and policies published by Brilliant Technology LLC from time to time.
1. Services and Payment
Scope of Services: We agree to provide technology services—including custom software development, cloud and DevOps solutions, IT consulting, and cybersecurity—as described in a separate Statement of Work (SOW) or service agreement. Each SOW will detail project timelines, deliverables, milestones, and specific responsibilities.
Payment Terms: The client agrees to pay for services as outlined in the applicable SOW. Payments for monthly retainer or managed services are due in advance of each service period. Failure to make timely payments may result in suspension or termination of services.
2. Intellectual Property
These Terms do not transfer from us to you any of our or third party intellectual property. All right, title, and interest in and to such property will remain solely with Brilliant Technology LLC and its licensors. Proprietary methodologies, frameworks, documentation, and pre-existing tools developed by us remain our intellectual property. Client-provided materials and data remain the property of the client. Ownership of custom deliverables will be defined in the applicable SOW.
3. Client Responsibilities
The client agrees to provide all necessary access to information, systems, data, and personnel required for us to perform the services. This may include access to servers, cloud environments, source code repositories, APIs, and third-party platforms. The client is responsible for the accuracy, legality, and licensing of all materials provided to Brilliant Technology LLC.
4. Termination
Either party may terminate the agreement with 30 days written notice. We may terminate or suspend your access to all or any part of our services at any time, with or without cause, effective immediately, particularly in cases of non-payment or breach of these Terms.
All provisions of the agreement which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
5. Disclaimer of Warranties
Our services are provided "AS IS" and "AS AVAILABLE." Brilliant Technology LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee any specific uptime percentages, security outcomes, or business results from our technology services unless expressly stated in writing.
You understand that you obtain content or services through our platforms at your own discretion and risk.
6. Limitation of Liability
In no event will Brilliant Technology LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) interruption of use or loss or corruption of data.
7. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, these Terms and any access to or use of our services will be governed by the laws of the State of Missouri, U.S.A.
8. Changes
Brilliant Technology LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will provide at least 30 days' notice prior to any new terms taking effect.